Selection of Alternate Bids Must be "Blind"
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A California Court of Appeals recently held that a city could request alternate bids in its pubic works solicitations even
though the city's charter did not expressly authorize the practice. FTR International, Inc. v. City of Pasadena, 97 Daily Journal D.A.R. 3603 (1997). This appears to be the first reported California decision validating this practice.
However, the court in FTR International also held that the city requesting bids on alternates must keep the names of the bidders confidential until after it determines
which alternates to include in the project. When the City of Pasadena selected alternates in FTR International, the name of each bidder was included on the City's tabulation sheet. The court held that this fact created an appearance
of impropriety, because it presented an opportunity for illegal favoritism in that the City could select those alternates
which rendered the favored bidder low.
© 1997 Coudert Brothers LLP
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